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Fiduciary Rules and Practices

Can an employer transfer 403(b) transfer assets (including active loans) for active and terminated participants to a 401(k) without terminating the 403(b)? In this week’s Tech Talk, Ellie Lowder tells us. READ MORE
Suppose a client exchanged a 403(b)(7) custodial account into a 403(b)(1) annuity where the receiving provider applied pre-59½ withdrawal restrictions to the entire account value. Was that provider correct in that application, or should there be no restrictions? In this week’s Tech Talk, Ellie... READ MORE
Time draws short for required minimum distributions (RMDs) from traditional IRAs and employer-provided retirement plans to taxpayers who reached age 70½ in 2014. The IRS on March 19 in IR-2015-55 issued a reminder that the deadline is April 1. The April 1 deadline applies to owners of traditional... READ MORE
The Securities and Exchange Commission should pursue an effort to set new rules for broker-dealers and investment advisors in their work to burnish clients’ pots of gold, March 17 remarks by SEC Chairman Mary Jo White indicated. She made her comments at a meeting of the Securities industry and... READ MORE
As the White House promotes the Department of Labor’s (DOL) reproposal of the fiduciary rule, Sen. Elizabeth Warren (D-Mass.) took the opportunity March 12 to criticize “brokers on Wall Street” and reinforce the administration’s messaging on the controversial proposed regulation. At a Senate... READ MORE
The Retirement Advisor Council (RAC) announced on March 12 that it has developed a template request for proposal (RFP) for institutions of higher education to use in searching for advisors for their retirement plans. RAC makes the template available free of charge and with no copyright restrictions... READ MORE
A group of eight Republican senators, including the Chairmen of the Senate Finance Committee and the Senate Committee on Health, Education, Labor & Pensions (HELP), have expressed their concerns about the potential negative consequences for American workers if the Labor Department’s fiduciary... READ MORE
Most states are making a good faith effort to meet their annual required contributions (ARCs) to their state pension systems. That’s the conclusion the National Association of State Retirement Administrators (NASRA), an association of the directors of state and territorial public retirement systems... READ MORE
If a government employee separates from service, would he need a recurring contribution in order to fall under the Code Section 401(a) special pay provision? In this week’s Tech Talk, Ellie Lowder tells us. READ MORE
The formal roll out of the latest iteration of the fiduciary regs appears to be imminent, and it has generated plenty of attention. In this week’s MarketBeat, Nevin Adams discusses the letter two members of the U.S. House of Representatives who seek details sent to the DOL. READ MORE
Can 403(b) pay deferrals to a former employee be taken from the compensation he or she receives for unused leave? In this week’s Tech Talk, Ellie Lowder tells us that they can, but that there are conditions that must be met. READ MORE
The recent White House budget proposal sets aside $6.5 million in funding for the Department of Labor, along with waiver authority, to support state efforts to implement state-based automatic enrollment IRAs or 401(k)-type programs.Currently more than a dozen state legislatures are actively... READ MORE
The NTSA is very pleased to announce that our persistent effort to ensure that public school employees receive the same important retirement plan information provided to private sector retirement plan participants, including fees, expenses and compensations, has passed a significant milestone: On... READ MORE
Both houses of the New Jersey legislature have now approved a bill that forbids investing New Jersey public employee pension funds in firms with investment managers that make donations to national political groups.Contracts between the New Jersey Division of Investment and firms and investment... READ MORE
President Obama has thrown his support behind the Department of Labor’s (DOL) controversial fiduciary rule reproposal — but the details of the proposal remain elusive.The president touted the reproposed rule at a Feb 23 speech at the offices of AARP in Washington, where he was joined by Sen.... READ MORE
If a client has a 403(b) account in which no contributions have been made since 2003, does it qualify as a grandfathered account? And can the client self-certify? In this week’s Tech Talk, Ellie Lowder gives us the answers, and also addresses what happens if the client breaks the self-certification... READ MORE
There are rules for how to handle inherited IRAs and 403(b)s, but that doesn’t mean questions don’t still arise about that. In this week’s Tech Talk, Ellie Lowder answers further questions regarding inherited IRAs and 403(b)s and the regulations that are the basis for how they are treated. READ MORE
What does the dawn of 2015 mean for 403(b) advisors? NTSA Net asked the 2014 NTSA Elite Advisors for their insights on what advisors and those who offer and administer 403(b)s may expect next year — and how they can be ready. Be Prepared! Boy Scouts learn right from the start to be prepared. It’s... READ MORE
Easier to administer, not subject to an early withdrawal penalty tax, offering an opportunity for an advisor to make a living, especially in a small marketplace — what’s not to love about the 457 plan? While most advisors serving the public and nonprofit sectors are very familiar with 403(b) plans... READ MORE
The SEC has issued its 2014 Agency Financial Report, in which it outlines the actions it undertook in 2014 and its goals for 2015. Investment News notes that the report is vague about whether the SEC will propose a new uniform fiduciary standard in FY 2015, which began Oct. 1, 2014.  “In FY 2015,... READ MORE

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